Paul Chaney - Equality and Public Policy: Exploring the Impact of Devolution in the UK

EQUALITY AND PUBLIC POLICY

Gender Studies in Wales

Astudiaethau Rhywedd yng Nghymru

Series Editors

Jane Aaron, University of Glamorgan

Breched Piette, Bangor University

Sian Rhiannon Williams, University of Wales Institute Cardiff

Series Advisory Board

Deirdre Beddoe, Emeritus Professor

Mihangel Morgan, Aberystwyth University

Teresa Rees, Cardiff University

The aim of this series is to fill a current gap in knowledge. As a number of historians, sociologists and literary critics have for some time been pointing out, there is a dearth of published research on the character istics and effects of gender difference in Wales, both as it affected lives in the past and as it continues to shape present-day experience. Socially constructed concepts of masculine and feminine difference influence every aspect of individuals lives; experiences in employment, in education, in culture and politics, as well as in personal relationships, are all shaped by them. Ethnic identities are also gendered; a countrys history affects its concepts of gender difference so that what is seen as appropriately masculine or feminine varies within different cultures. What is needed in the Welsh context is more detailed research on the ways in which gender difference has operated and continues to operate within Welsh societies. Accordingly, this interdisciplinary and bilingual series of volumes on Gender Studies in Wales, authored by academics who are leaders in their particular fields of study, is designed to explore the diverse aspects of male and female identities in Wales, past and present. The series is bilingual, in the sense that some of its intended volumes will be in Welsh and some in English.

EQUALITY AND

PUBLIC POLICY

_______________________________

EXPLORING THE IMPACT OF DEVOLUTION IN THE UK

Paul Chaney

Paul Chaney, 2011

All rights reserved. No part of this book may be reproduced in any material form (including photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) without the written permission of the copyright owner except in accordance with the provisions of the Copyright, Designs and Patents Act 1988. Applications for the copyright owners written permission to reproduce any part of this publication should be addressed to The University of Wales Press, 10 Columbus Walk, Brigantine Place, Cardiff, CF10 4UP.

www.uwp.co.uk

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library.

ISBN 978-0-7083-2326-7

e-ISBN - - 7831 - 6439 -

The right of Paul Chaney to be identified as author of this work has been asserted by him in accordance with sections 77, 78 and 79 of the Copyright, Designs and Patents Act 1988.

Cover image: Senedd, Cardiff Bay Photolibrary Wales

Er cof am K. B. Sherwood

This volume draws upon the findings of three Economic and Social Research Council funded projects,

Thanks go to colleagues, in particular those that I have been fortunate enough to collaborate with on research projects used in this volume Professor Teresa Rees, Professor Ralph Fevre, Dr Fiona Mackay, Professor Laura McAllister, Ms Sandra Betts, Professor Charlotte Williams as well as to professors Richard Wyn Jones and Roger Scully for the opportunity to participate in the Devolution Monitoring Programme. In addition, I wish to register my gratitude to students on the MSc in Equality and Diversity degree scheme at Cardiff University for their enthusiastic engagement and feedback on earlier work that has led to this book.

Notes

Economic and Social Research Council (ESRC) funded project: Social Capital and the Participation of Marginalized Groups in Government, award number: R000239410, 09/2001 to 01/2004. Co-investigator. Project led by Professor Ralph Fevre. ESRC funded project: Gender and Constitutional Change (L219252023), part of the ESRC Devolution and Constitutional Change Programme. 19992004. Co-investigator. Project led by Dr Fiona Mackay and Professor Alice Brown. ESRC funded project: The Devolution Monitoring Programme, in conjunction with the UK Government Department of Constitutional Affairs. 20058. Co-investigator (with professors Richard Wyn Jones and Roger Scully in respect of the Welsh devolution reports). Grant holders, Professor Robert Hazell and Akash Paun at the Constitution Unit, University College London. Initial funding No. L219252016; subsequent funding by the Economic and Social Research Council; the Department for Constitutional Affairs; the Scottish Executive; the Scotland Office; and the Wales Office.

University of Wales, Board of Celtic Studies funded project: Inclusive Governance: The First Years of the National Assembly for Wales. 1999 2001. Project led by Professor Ralph Fevre (award holder).

The Equality Policies of the Government of the National Assembly for Wales and their Implementation: July 1999 to January 2002. A study commissioned by the Equal Opportunities Commission, Disability Rights Commission, Commission for Racial Equality and Institute of Welsh Affairs. Principal applicant and award holder.

Action against Discrimination in Pay Systems: A Preliminary Evaluation of the Welsh Assembly Governments Close the Pay Gap Campaign in Wales, commissioned by the Welsh Assembly Government, the Equal Opportunities Commission Wales and the Wales TUC. Principal applicant and award holder.

Advice and Guidance to Public Service Providers: Promoting Multi-Strand Equality in the Welsh legislative Context and Beyond, Welsh Assembly Government/UK Government Department for Communities and Local Government (2007). Principal applicant and award holder.

The Northern Ireland Section 75 Equality Duty: An International Perspective analysis commissioned by the Northern Ireland Office for the Section 75 Equality Duty Operational Review. Co-investigator with Professor Teresa Rees.

1.0 Equalities and Public Policy

1.1 Contemporary Developments

1.1.1 Equalities Law

1.1.2 Institutions

1.2 Why Bother About it?

1.2.1 Making the Case for Equalities

1.2.2 A Minority Issue?

1.3 Equalities in a (Quasi-) Federal UK

1.4 The structure of this volume

1.0 Equalities and Public Policy

Equality of opportunity is an often misunderstood and contested concept; deeply political in nature it evokes strong reactions from proponents and opponents alike (Temkin, 1993; Freeden, 1994). It is an example of what Newman, (2001: 59) terms wicked issues. These are characterised by: differing interpretations of the social problem to be addressed; the fact that the relationship between different factors is sometimes hard to assess; they span traditional policy frames; and, require collaboration between agencies in both formulating and implementing policy responses. In the face of such challenges, the Equality Act (2006, Section 3) sets out a vision of an equal society as one in which:

(a) Peoples ability to achieve their potential is not limited by prejudice or discrimination.

(b) There is respect for and protection of each individuals human rights.